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Judges and Adjudication in Constitutional Democracies : A View from Legal Realism
Offers contributions to a philosophical and realistic approach to the place of adjudication in contemporary constitutional democracies. Bringing together scholars from different legal and philosophical backgrounds, purports to cast light on the role(s) of judges and the function of judicial interpretation inside of constitutional states, from the standpoint of legal realism as a revisited and sophisticated jurisprudential outlook. In so doing, also copes with a few major jurisprudential issues, like, e.g., determining the ideas that make up the core of legal realism, exploring the relation between legal realism and legal positivism, identifying the boundaries of judicial interpretation as they appear from a realist standpoint, as well as considering some skeptical outlooks on the very claims of contemporary legal realism.
Buddhism and comparative constitutional law
The first comprehensive account of the entanglements of Buddhism and constitutional law,The authors also highlight the important ways in which Buddhist actors have (re)conceived Western liberal ideals such as constitutionalism, rule of law, and secularism.
Law as Symbolic Form : Ernst Cassirer and the Anthropocentric View of Law
In this book we describe the rule of law as the reign of persuasion rather than the reign of force, and democracy as the reign by persuasion rather than the reign by force.
Autonomy : In the Law
Autonomy in the Law considers one of the most important benefits of the rule of law. Juxtaposing European and American conceptions of autonomy in the law of families, capital punishment and, criminal trials reveals the common values that justify all legal systems. Law protects the autonomy of individuals and associations by defending the boundaries of their own self-rule. This book illuminates the fundamental purpose of law by examining how European and American lawyers, judges and citizens do and should apply legal autonomy to the practical circumstances of litigation, legislation and the law.
At the crossroads : The world trading system and the Doha Round
Since its foundation in 1995 the legitimacy of the WTO – and herewith the notion of organising global trade on the basis of herewith the notion of organising global trade on the basis of concepts like trade-liberalisation, treaty-based rule of law and concepts like trade-liberalisation, treaty-based rule of law and enforceability – is challenged for very different reasons this volume not only documents the proceedings of this conference but, against the backdrop of the ongoing efforts to revive the Doha Round wants to be understood as some sort of stocktaking: What did really go wrong in Cancún? Where does the WTO stand today? Has there been any progress made since? And, finally: Is there any chance left to reach the ambitions goals postulated by the Doha Development Agenda? These and other, related questions are being discussed in the volume at hand.
